REED v. GOWANDA NURSING HOME


4 N.Y.3d 770 (2005)

825 N.E.2d 584

792 N.Y.S.2d 369

HELEN REED et al., Respondents, v. GOWANDA NURSING HOME et al., Defendants, and U-HAUL INTERNATIONAL, INC., et al., Appellants.

Court of Appeals of the State of New York.

Decided February 10, 2005.


Attorney(s) appearing for the Case

Brown & Tarantino, LLP, Buffalo (Margaret K. Hey of counsel), for appellants.

Brady & Swenson, Salamanca (Thomas C. Brady of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Business Corporation Law § 307 (c) (2) requires a party who has served papers by mail on an out-of-state defendant to file proof of service within 30 days after "receipt of the return receipt signed by the foreign corporation, or other official proof of delivery or of the original envelope...

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